Red light traffic cameras
could still get green light

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Associated Press

The state Department of Transportation can operate a red light enforcement program despite the Legislature's repeal of the traffic camera law, House Transportation Chairman Joe Souki said yesterday.

"They don't need us. They don't need a law. I'm sure they can do it administratively," said Souki (D, Maalaea-Kapalua-Wailuku).

Using electronically triggered cameras to catch and cite red light runners is authorized under the law passed in 2000 for a three-year pilot program that also used cameras and lasers mounted in vans to catch speeders.

The red light program was not implemented by the state at Honolulu intersections as originally scheduled for late January.

Souki's suggestion that the department implement the red light enforcement administratively came as Senate Transportation Chairman Cal Kawamoto (D, Pearl City-Waipahu) continued his effort to salvage that part of the pilot project.

Gov. Ben Cayetano ordered the program shut down last Wednesday after the House and Senate passed bills to repeal the program. On Thursday, District Judge Leslie Hayashi struck down the camera-generated speeding tickets sent to vehicle owners as unconstitutional because they don't show the driver's face.

The court ruling nullifies the speed enforcement part of the law that provoked a public outcry and legislative opposition, so a veto to keep the law in effect would allow the more popular red light program to operate, Kawamoto said.

He wants the private operator of the traffic cameras, Affiliated Computer Services, to agree not to press claims for breach of its contract in exchange for getting to run the red light enforcement project.

"That's a lot of money that we don't have right now," he said, estimating the claim is expected to be between $2 million and $4 million. "I'm just trying to save the state some money."

If he gets that assurance from ACS, Kawamoto said he'll circulate a petition among senators asking the governor to veto the repeal bill. Cayetano said last week he would allow the bill to take effect without his signature.

Deputy Attorney General Wayne Matsuura, who represents the Transportation Department, said it is unclear if the department could proceed administratively.

"Without the law, a red light program would have to start from scratch," he said.

Even if Kawamoto convinced the governor to veto the repeal bill, the authorization for the red light enforcement expires in July 2003, Matsuura said.